Immigration lawyers left reeling: What the latest USCIS memo means
First, USCIS announces it will begin to issue NTAs.
Now this.
The latest USCIS policy memo issued on July 13, 2018 sent immigration lawyers throughout the nation reeling.
This new memo states that USCIS will straight out deny applications without first sending the applicant a Request for Additional Evidence (“RFE”). This new policy will take effect September 11, 2018. However, we are getting reports that officers are already foregoing RFEs and jumping straight to Notices of Intent to Deny (“NOIDs”).
USCIS states that its goal in implementing this new policy is to reduce the number of “frivolous” or “bare bones” applications that bog down their employees’ desks.
USCIS has also started updating its forms en masse, adding questions that absolutely set up applicants for denial. For example, Form I-765 (Application for Employment Authorization) used to be 2 pages–now, it’s a 7 page behemoth with a new question requiring asylum and other applicants to disclose any prior run-ins with the law–even if not convicted.
Combined with the previous week’s memo, USCIS is setting itself up for even more administrative burden. By giving itself the power to (1) outright deny cases and (2) then issue NTAs, immigration lawyers around the nation will be prompted to file administrative and federal appeals on behalf of their clients.
How might this policy affect me?
Give yourself more time to plan, prepare, and file cases. Since USCIS won’t be issuing RFEs, you want to make sure that every possible piece of evidence and information to support your case is submitted up front. Take the time to gather documents, complete information, and don’t rush the process.
Expect filing fees to increase in October. With the longer forms and longer processing times, expect USCIS to increase its filing fees to hire new officers to deal with administrative backlogs.
Expect immigration lawyers to charge higher fees. Gone are the days of filing “routine” or “easy” extensions. USCIS is challenging every application (even applications with prior approvals) with an eye to deny. Immigration lawyers are going to spend more time preparing cases–likely resulting in higher fees for clients.
I know my last few posts have all been “gloom and doom,” but this is the new reality of immigration law in the United States. Stay tuned for future posts on filing strategies, my recent visa “wins” and predictions for the upcoming year.
